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  • Unreported Judgment

Shepherd v Nominal Defendant (No 2)

 

[2020] QSC 228

SUPREME COURT OF QUEENSLAND

CITATION:

Shepherd v Nominal Defendant (No 2) [2020] QSC 228

PARTIES:

Chase Shepherd BHLG Bou Shepherd

(Plaintiff)

v

Nominal Defendant

(Defendant)

FILE NO/S:

SC No 686 of 2016

DIVISION:

Trial Division

PROCEEDING:

On the Papers

ORIGINATING COURT:

Supreme Court at Townsville

ORDERS MADE:

29 July 2020

DELIVERED AT:

Townsville

JUDGE:

North J

ORDER:

  1. The Litigation Guardian, Bou Shepherd, pay the defendant’s costs (assessed on the standard basis) of and incidental to:
  1. The proceeding in the District Court;
  2. The application for transfer of the proceeding into this Court; and
  3. The proceeding in this Court.

CATCHWORDS:

COSTS

SOLICITORS:

Premier Compensation for the plaintiff

Jensen McConaghy for the defendant

  1. [1]
    I published my reasons for judgment on 26 June 2020. I ordered that there be judgment for the defendant. On that occasion I intimated that in my view costs should follow the event (see reasons at [101]).
  2. [2]
    I proposed an order for costs with leave to either party to submit in writing for a different order within 21 days.
  3. [3]
    The defendant has submitted for an order different from the order I proposed.[1] The plaintiff has not submitted to the contrary.[2]
  4. [4]
    In its submissions, the defendant, correctly, reminds me that the plaintiff sued by his Litigation Guardian, his brother. (See reasons at [2], the Consent of Bou Shepherd filed 1/7/2016 and UCPR r 95).
  5. [5]
    In the circumstances the plaintiff’s Litigation Guardian is exposed to a liability for costs in the event, as happened here, of an adverse outcome in the litigation.[3]
  6. [6]
    The defendant submits that the Litigation Guardian should pay the defendant’s costs of and incidental to the proceeding both in the District Court and in this Court.
  7. [7]
    So far as I can determine there is no decisive legal or discretionary consideration that suggest an order following the event as sought by the defendant should not be made (consider UCPR r 681).
  8. [8]
    In the circumstances the order for costs should be:

“The Litigation Guardian, Bou Shepherd, pay the defendant’s costs (assessed on the standard basis) of and incidental to:

  1. The proceeding in the District Court;
  2. The application for transfer of the proceeding into this Court; and
  3. The proceeding in this Court.”

Footnotes

[1]See email dated 16 July 2020, Ex 1 on this costs hearing.

[2]See email dated 27 July 2020, Ex 3 on this costs hearing.

[3]See NSW Insurance Ministerial Corps v Abualfoul (1999) FCA 433 at [28], [29] and [30]; N (on behalf of her son N) the State of Queensland (acting through the Dept of Education and the Arts) [2007] QSC 208 at [61].

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Editorial Notes

  • Published Case Name:

    Shepherd v Nominal Defendant (No 2)

  • Shortened Case Name:

    Shepherd v Nominal Defendant (No 2)

  • MNC:

    [2020] QSC 228

  • Court:

    QSC

  • Judge(s):

    North J

  • Date:

    29 Jul 2020

Litigation History

No Litigation History

Appeal Status

No Status